Clarification of Concepts and Legal Frameworks Prof. Walter Kälin, Envoy of the Chairmanship of the Nansen Initiative Khulna, 2 April 2015 The Nansen Initiative is primarily funded by the governments of Norway and Switzerland. The Initiative also benefits from generous funding from the European Commission and Germany.

2 Types of movements Displacement = forced movement / internal or cross- border Migration = (predominantly) voluntary movement / internal or cross-border / temporary – circular – permanent Migration as adaptation = the predominantly voluntary decision to “avoid or adjust to” deteriorating environmental changes that could otherwise result in a humanitarian crisis and displacement in the future

3 Relocation = planned permanent movement of communities [evacuation = temporary]: – Preventive or reactive – Voluntary or forced – Internal or cross-border Combinations : e.g. internal displacement followed by temporary cross-border migration pending reconstruction

Displacement CategoryProtection Framework Internal displacementGuiding Principles on Internal Displacement Domestic IDP laws and policies Cross-border displacement No normative framework (Refugee Convention not applicable; exceptions?) TraffickingPalermo Protocol, SAARC Convention

Migration CategoryProtection Framework Internal migrationConstitution / human rights Cross-border migrationConvention on the rights of migrant workers / (general) human rights: BUT: no right to admission, except bilateral / regional agreements

Relocation CategoryProtection Framework Internal relocationHuman rights, domestic law UNHCR guidelines? Cross-border migrationBilateral agreements, human rights

Combined movements CategoryProtection Framework Internal displacement => internal migration = Guiding Principles/IDP policies = Constitution, domestic laws Internal displacement => cross-border displacement = Guiding Principles = ?? Internal displacement => Cross-border migration = Guiding Principles = Migrant Workers Convention Internal displacement => trafficking = Guiding Principles = Palermo Protocol